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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment)
Contents
Page
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment)
Water Efficiency Labelling and Standards (ACT) Bill 2014
A Bill for
An Act to apply as a law of the Territory a national law relating to water efficiency labelling and standards, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Water Efficiency Labelling and Standards (ACT) Act 2014
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(1) The object of this Act is to adopt in the Territory a uniform national approach to the regulation of water efficiency labelling and standards.
(2) This Act––
(a) applies the Commonwealth water efficiency laws as a law of the Territory; and
(b) makes provision to enable the Commonwealth water efficiency laws and the applied provisions to be administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘applied provisions––see section 8 (1).’ means that the term ‘applied provisions’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see
, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this Act.
Note See the
, s 127 (1), (4) and (5) for the legal status of notes.
6 Terms used in Water Efficiency Labelling and Standards Act 2005 (Cwlth)
Terms used in this Act and also in the Water Efficiency Labelling and Standards Act 2005
(Cwlth) have the same meanings in this Act as they have in that Act.
7 References to Commonwealth Acts
In this Act, a reference to a Commonwealth Act includes a reference to––
(a) the Commonwealth Act, as in force from time to time; and
(b) if another Act is substituted for the Commonwealth Act––the
substituted Act, as in force from time to time.
8 Application of Commonwealth laws as a law of Territory
(1) The Commonwealth water efficiency laws, as in force from time to time and as modified by or under this Act including schedule 1, (the applied provisions), apply as a law of the Territory.
(2) The Commonwealth water efficiency laws apply as if they extended to matters in relation to which the Territory may make laws––
(a) whether or not the Commonwealth may make laws in relation to those matters; and
(b) even though the Commonwealth water efficiency laws provide that they apply only to stated matters in relation to which the Commonwealth may make laws.
9 Modification of Commonwealth water efficiency laws
(1) A regulation under this Act may also modify the Commonwealth water efficiency laws for this Act.
(2) Without limiting subsection (1), a regulation may provide that the Commonwealth water efficiency laws apply under section 8 (1) as if an amendment to the Commonwealth water efficiency laws made by the Commonwealth and stated in the regulation had not taken effect.
10 Interpretation of applied provisions
(1) The
(Cwlth) applies as a law of the Territory in relation to the interpretation of the applied provisions, and applies as if the applied provisions were a Commonwealth Act or were regulations or other instruments under a Commonwealth Act, as the case requires.
(2) The
does not apply to the applied provisions.
Note Despite the
not applying to the applied provisions, it applies to this Act and to
instruments made under this Act.
Part 3 Functions under applied provisions
11 Functions of Commonwealth Regulator and other authorities and officers
The Commonwealth Regulator and other authorities and officers mentioned in the applied provisions have the same functions under the applied provisions as they have under the Commonwealth water efficiency laws, as those laws apply to the Commonwealth.
Note 1 Function includes authority, duty and power (see Legislation Act
, dict, pt 1).
Note 2 A provision of a law that gives an entity (including a person)
a function also gives the entity powers necessary and convenient to exercise the
function (see
, s 196 and dict, pt 1, def entity).
12 Delegations by Commonwealth Regulator
Any delegation by the Commonwealth Regulator under the Water Efficiency Labelling and Standards Act 2005
(Cwlth) is taken to extend to, and have effect for the corresponding
provision of the applied provisions.
(1) The object of this part is to further the object of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.
(2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example––
(a) the investigation and prosecution of offences; and
(b) the arrest, custody, bail, trial and conviction of offenders or people charged with offences; and
(c) proceedings relating to a matter mentioned in paragraph (a) or (b); and
(d) appeals and reviews relating to criminal proceedings and to proceedings of the kind mentioned in paragraph (c); and
(e) the sentencing, punishment and release of people convicted of offences; and
(f) fines, penalties and forfeitures; and
(g) infringement notices in relation to offences; and
(h) liability to make reparation in relation to offences; and
(i) proceeds of crime; and
(j) spent convictions.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
14 Application of Commonwealth criminal laws to offences against applied provisions
(1) The relevant Commonwealth laws apply as laws of the Territory in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of the Territory.
(2) For a law of the Territory, an offence against the applied provisions––
(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and
(b) is taken not to be an offence against the laws of the Territory.
(3) Subsection (2) has effect for a law of the Territory other than as provided by a regulation made under this Act.
15 Functions conferred on Commonwealth officers and authorities relating to offences
(1) A Commonwealth law applying because of section 14 that confers on a Commonwealth officer or authority a function in relation to an offence against the Commonwealth water efficiency laws also confers on the officer or authority the same function in relation to an offence against the corresponding provision of the applied provisions.
(2) In exercising a function conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in exercising the same function in relation to an offence against the corresponding provision of the Commonwealth water efficiency laws.
Note 1 Function includes authority, duty and power (see Legislation Act
, dict, pt 1).
Note 2 A provision of a law that gives an entity (including a person)
a function also gives the entity powers necessary and convenient to exercise the
function (see
, s 196 and dict, pt 1, def entity).
16 No double jeopardy for offences against applied provisions
An offender is not liable to be punished for an offence under the applied provisions if––
(a) the act or omission is an offence against both the applied provisions and the Commonwealth water efficiency laws; and
(b) the offender has been punished for the offence under the Commonwealth
water efficiency laws.
17 Application of Commonwealth administrative laws to applied provisions
(1) The Commonwealth administrative laws apply as laws of the Territory to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of the Territory.
(2) For a law of the Territory, a matter arising in relation to the applied provisions––
(a) is taken to be a matter arising in relation to laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and
(b) is taken not to be a matter arising in relation to laws of the Territory.
(3) Subsection (2) has effect for a law of the Territory other than as provided by a regulation made under this Act.
(4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.
(5) For this section, a reference in a provision of the Administrative Appeals Tribunal Act 1975
(Cwlth) (as that provision applies as a law of this jurisdiction) to the
whole or any part of that
, part 4A (Appeals and references of questions of law to the Federal Court of Australia) is taken to be a reference to the whole or any part of that part as it has effect as a law of the Commonwealth.
18 Functions conferred on Commonwealth officers and authorities
(1) A Commonwealth administrative law applying because of section 17 that confers on a Commonwealth officer or authority a function also confers on the officer or authority the same function in relation to a matter arising in relation to the applied provisions.
(2) In exercising a function conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in exercising the same function under the Commonwealth administrative law.
Note 1 Function includes authority, duty and power (see Legislation Act
, dict, pt 1).
Note 2 A provision of a law that gives an entity (including a person)
a function also gives the entity powers necessary and convenient to exercise the
function (see
, s 196 and dict, pt 1, def entity).
19 Things done for multiple purposes
The validity of a licence, certificate or other thing issued, given or done for the applied provisions is not affected only because it was issued, given or done also for the Commonwealth water efficiency laws.
20 Reference in Commonwealth law to provision of another law
For section 14 and section 17, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.
All fees, penalties, fines and other money that, under this Act and the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the
.
(2) A regulation may create offences and fix maximum penalties of not more
than 30 penalty units for the offences.
Part 7 Repeal and transitional
The
(A2005-10) is repealed.
(1) On the commencement day, anything that was in effect in relation to the
immediately before the commencement day becomes a thing with the same effect in relation to this Act and the applied provisions.
(2) In this section:
commencement day means the day this Act, section 8 commences.
repealed Act means the Water Efficiency Labelling and Standards Act 2005
.
Schedule
1 Modifications––Water Efficiency Labelling and Standards Act
2005 (Cwlth)
(see s 8)
omit
Penalty: Imprisonment for 6 months.
substitute
Maximum penalty: 60 penalty units.
omit
Penalty: Imprisonment for 6 months.
substitute
Maximum penalty: 60 penalty units.
omit
Penalty: Imprisonment for 6 months.
substitute
Maximum penalty: 60 penalty units.
(see s 4)
Note 1 The
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• Commonwealth
• Executive
• exercise
• function
• in relation to
• power
• regulation
• the Territory.
applied provisions––see section 8 (1).
Commonwealth administrative laws means the following Commonwealth Acts and regulations:
(a) the
(excluding part 4A);
(b) the
;
(c) the
;
(d) the
;
(e) the regulations in force under any of those Acts.
Commonwealth Regulator means the Regulator under the Water Efficiency Labelling and Standards Act 2005
(Cwlth), section 21.
Commonwealth water efficiency laws means––
(a) the
(Cwlth); and
(b) all regulations, guidelines, principles, standards and codes of practice in force under that Act.
modify includes add to, omit and substitute.
offence includes a contravention for which a civil penalty may be imposed.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 October 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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